2018 OFFER · 2021 COMPETITION · 2021–2022 ORDERS · DEED · ACCOUNTS
The signed 25 January 2021 order, the 29 January court notice and deed no. 457 dated 21 February 2022 now allow recognised insolvency credit, mortgage liability, the threshold imposed on a third party, the debt stated as consideration for the dación and the separate sale of non-mortgaged assets to be compared directly. The decisive issue is the documentary bridge between each function.
Primary notarial source recovered · judicial reconstruction and implementation remain open
The signed 25 January 2021 order reproduces the Provincial Court default-interest amount and later daily accrual until the mortgage-liability cap was reached. This explains the arithmetic movement; it does not by itself determine its classification as finally recognised insolvency credit.
The 29 January 2021 notice derives it as the sum of the two mortgage components required from a third-party better bidder. Deed no. 457 later uses EUR 13,168,082.02 as the debt serving as consideration for the dación. The numerical identity is now verified; the legal bridge between those functions and the lawfully set-off insolvency credit remains to be demonstrated.
The notice separately states EUR 400,000 for assets outside the special privilege. In the reviewed operative and judicial-recap portions of deed no. 457, the dación concerns the mortgaged properties; those sections do not expressly re-execute the premises/pools sale or reconcile the 2018 cash payment.
This is the sum of both mortgage components, the EUR 400,000 and EUR 1,145,798.29 in community fees, before then-unquantified taxes and costs. It must not automatically be converted into CAM's price or recognised credit.
A third-party bidder documented an acquisition proposal dated 8 February 2021 for EUR 14.8 million covering the identified property perimeter. Only the bidder's name is anonymised in the public record; the bid, its terms and every related fact remain visible. Procedural filing, authority/funds and treatment at the licitation still require documentary closure.
Deed no. 457 requires the insolvency administrator to communicate it to the Mercantile Court within five calendar days and sets out cancellation requests. The next control point is the actual court filing, order/mandamiento and Registry implementation.
| Amount | Source currently controlled | Function that can be stated | What cannot be presumed |
|---|---|---|---|
| EUR 3,079,104.66 | 25 January 2021 order, reciting the 23 July 2019 Provincial Court decision | First-rank default interest within the better-bid calculation, with later daily accrual. | That it was automatically the final privileged credit to be set off. |
| EUR 3,182,000 | 25 January order + 29 January notice | Mortgage cap reached and component required from a third-party better bidder. | That the cap automatically became recognised insolvency credit. |
| EUR 13,168,082.02 | 29 January 2021 notice + deed no. 457, pp. 28–29 | January: mortgage-component better-bid subtotal. February: debt stated as consideration for the dación. | That numerical identity alone proves the legal correctness/classification of the credit or the absence of any residual. |
| EUR 400,000 | Notice + sale structure quoted in the 2022 appeals | Separate component for assets not affected by special privilege. | That it was absorbed, refunded, set off or legally regularised without the banking/notarial/Registry/accounting chain. |
| EUR 14.8m | Third-party bidder proposal dated 8 February 2021 | Concrete documented competitive proposal. | That it was admitted, fully funded or wrongly excluded without the licitation record. |
The website anonymises only the third-party bidder's name; the bid, its terms, procedural treatment and every related fact remain visible. For the relevant insolvency question, its procedural and economic function is enough: a EUR 14.8m proposal existed against then-quantified components totalling EUR 14,713,880.31, before additional taxes and costs that were not yet quantified. The signed 18 May 2021 Auto establishes the procedural outcome—nonappearance and nondeposit followed by definitive approval of CAM's proposal—but not the contents of the missing appearance record or every downstream condition. The third party's court filing, authority, proof of funds, judicial communications and the appearance minute/recording remain to be closed.
| Milestone | Source status | What can safely be stated | Bridge still open |
|---|---|---|---|
| 24 Oct 2019 | Signed order located | Non-validation control over the separate 2018 premises/pools line. | EUR 400,000: bank, ledger, any refund/retention/set-off and final title. |
| 25 + 29 Jan 2021 | Primary judicial sources located | Interest reconstruction, mortgage cap and quantified conditions imposed on a third party. | Final credit classification and the transition of each amount into its later legal function. |
| 18 May 2021 · E044 | Complete signed five-page Auto 164/2021 located | Definitively approved CAM's proposal after the third-party bidder's nonappearance and nondeposit; it does not prove downstream completion. | Applications, powers, appearance minute/recording, service/finality and implementation. |
| 15 Oct 2021 · E046 | Complete signed five-page Auto located | Dismissed LPB/Aweswell challenges to the 18-May approval, confirmed it and described an improvement-of-offer process rather than a formal auction. | Underlying challenges/annexes, service/finality and implementation. |
| 15 Oct 2021 · E047 | Complete signed two-page Auto located | Dismissed challenges to the 12-May providencia as moot while using auction/adjudication terminology later clarified. | Underlying challenges/annexes, service/finality and implementation. |
| 22 Jan 2022 · deed recital only | Conflicting internal recital in deed 457; no distinct judicial act established | One deed page says 22 January and another says 26 January. Both located judicial originals are dated 26 January. | Notarial source/explanation, supplied testimony and any rectification; not recovery of a presumed 22-January Auto. |
| 26 Jan 2022 · E050 / clarification A | Complete signed two-page Auto located | Clarified E047's 12-May branch: the event was a better-offer licitation appearance, not an auction. It made no new award or conveyance. | Application, opposition, service/finality and exact testimony/deed use. |
| 26 Jan 2022 · E051 / clarification B | Complete signed three-page Auto located | Clarified/completed E046's 18-May branch and recorded July-2021 ownership publicity as raised but irrelevant to finca realisation; it made no new award or whole-hotel title finding. | Application, opposition, service/finality and exact testimony/deed use. |
| 21 Feb 2022 → Registry → accounts | Primary deed recovered; downstream implementation incomplete | The deed documents the dación and the stated debt consideration. | Five-day court communication, mandamiento, finca-by-finca Registry chain and final accounting bridge. |
Open the judicial-act register in JSON format. It is a partial public seed: signed primary sources, the Correction Register and the Missing Evidence Register control over it.
The documentary record reconstructs a dación of mortgaged properties, a separate EUR 400,000 sale of non-mortgaged assets and a waiver clause whose wording and effect must be reconciled against the later acts.
The complete signed five-page E044 / Auto 164/2021 of 18 May 2021 definitively approved CAM's proposal after the third-party bidder's nonappearance and nondeposit. That approval remained subject to finality, lawful debt, deed, EUR 400,000, costs, reporting, cancellation, Registry and accounting steps that must be proved separately.
Primary source recovered: 76 pages. The deed transfers the described mortgaged properties to CAM and states EUR 13,168,082.02 as the debt serving as consideration for the dación. It also requires communication to the court within five days and sets out downstream cancellation requests. The legal correctness of the amount and actual Registry/accounting consequences must be proved separately.
The deed's identity, protocol 457, date, appearances, conveyance of the described properties, stated debt consideration and the communication/cancellation obligations and requests.
That every credit component was legally correct and finally privileged, that community/tax obligations were actually paid, that the Registry cancelled exactly as requested or that the estate had no residual.
The separate 2018 premises/pools transaction that was not judicially validated in 2019. The later title, entry and economic treatment that may have regularised that line must be identified.
EUR 13,168,082.02 no longer depends on a later summary: the deed verifies it as debt serving as consideration for the dación. That makes the title-and-classification question materially more concrete.
The EUR 14.8m third-party proposal, with only the bidder's name anonymised, allows the published threshold, actual competition, outcome and estate benefit to be compared without turning the bidder into a public protagonist.
The existence of an order, deed or Registry entry is not used as an automatic substitute for the next evidential link. The chain is tested act by act and property by property.
| Topic | Status | Next control |
|---|---|---|
| 25 January 2021 order | Primary signed judicial source located | Bind underlying interest certificate/calculation and exact Provincial Court source. |
| 29 January 2021 court notice | Primary court source located | Keep the legal functions of EUR 13.168m, EUR 400,000 and community fees separate. |
| 18 May 2021 · E044 | Complete signed Auto 164/2021 located; definitive approval established | Bind applications, powers, appearance minute/recording, service/finality and implementation. |
| 15 Oct E046/E047 + 26 Jan E050/E051 | Four complete signed Autos located; the 26-January pair are clarifications and make no new award | Bind challenges/applications, service/finality and testimony/deed use; reconcile 22 January solely as the conflicting deed recital. |
| Third-party proposal · EUR 14.8m | Document located; only the bidder's name publicly anonymised; bid and facts preserved | Close filing, authority/funds and licitation treatment. |
| Deed no. 457 · 21 February 2022 | Primary notarial source recovered and reviewed | Reconcile debt, orders, court communication, mandamiento, Registry and accounts. |
| Premises / EUR 400,000 | Separate component established; cure/final title open | Ledger, bank, non-validation, later title and Registry chain. |
| Final accounts / surplus | Primary closure pending | Accounts, balance, bank, cancellations and final decision. |
| Standing, finality and route | Counsel validation required | Party map, prior decisions, time rules and transitional law. |
Corrections and response. This is a living record. A higher-ranked primary source corrects any lower-ranked reconstruction. Documented material that weakens the thesis should be incorporated with the same provenance discipline.
This dossier connects to the chronology, documents or rights considered in Aweswell v CaixaBank. The banking claim, credit chain and each actor’s conduct retain their separate scope. Read both litigation positions, then return to this dossier; no common liability is inferred.